Carty's Admr. v. Village of Winooski
Supreme Court of Vermont
Cass for negligence, brought by an administrator for the benefit of next of kin, under V. S. 2451-2452. Heard on demurrer to the declaration at the September Term, 1904, Chittenden County, Powers, J., presiding. Demurrer sustained, and declaration adjudged insufficient. The plaintiff excepted. The statute does not impose upon the defendant the duty of maintaining a lockup, but only grants it the right to do so, if it desires.
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Cass for negligence, brought by an administrator for the benefit of next of kin, under V. S. 2451-2452. Heard on demurrer to the declaration at the September Term, 1904, Chittenden County, Powers, J., presiding. Demurrer sustained, and declaration adjudged insufficient. The plaintiff excepted. The statute does not impose upon the defendant the duty of maintaining a lockup, but only grants it the right to do so, if it desires. Having freely chosen to maintain a lockup the defendant is liable for negligence, and the doctrine of respondeat superior applies. Welsh v. Rutland, 56 Vt. 228; Weller…
1Opinion of the CourtWatson, J.
This case is here on exception to the holding-on demurrer that the declaration is insufficient. The demurrer is both general and special, but the declaration will be considered with reference to substance, only.
It is alleged therein that the defendant is a municipal corporation organized and existing under a charter granted by the Legislature, and carrying on and administering its municipal affairs through a board of trustees; and that pursuant to' a lawful vote of the village, its trustees constructed, furnished, and maintained at the expense of the village the lockup in question for proper…
2Cases cited13 opinions
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
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3Cited by13 opinions
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Brown v. City of CraigSupreme Court of Missouri · 1943
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Lemieux v. City of St. AlbansSupreme Court of Vermont · 1942
8 more not listed; retrieve them via the Exa API.